The bulk regulations applicable to each district are set forth in the district regulations (articles II, III and IV), in addition to the bulk regulations, supplemental, set forth in this article.

(Ord. No. 65-0-18, § 10.1, 4-6-65)

All required yards shall be unoccupied and unobstructed from their lowest level to the sky, except that the following obstructions shall be permitted in required yards, subject to the requirements of section 102-203. Notwithstanding the foregoing, ramps and exterior accessible routes do not have to comply with the requirements of section 102-203, provided they comply with the requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq. (1990)).

(1)

All yards. The following obstructions shall be permitted in any required yard:

a.

Overhanging roof eaves, gutters and downspouts, bay windows, balconies, chimneys and air conditioners, provided that the same shall not project more than three feet, six inches into a required yard; provided, however, no projection into the north or west required yard shall exceed two feet.

b.

Open terraces, provided that they shall not exceed 20 percent of the depth of a required yard.

c.

Statuary, trees, hedges and shrubs.

d.

Awnings and canopies.

e.

Ornamental light standards and fixtures and flagpoles.

f.

Walks, walkways, sideways and paths.

g.

Porches, stoops, stairs, decks and ramps, provided that they shall not exceed 25 percent of the depth of a required yard. Must comply with the required rear and side yard setbacks.

h.

Ramps and exterior accessible routes.

(2)

Side and rear yards. The following obstructions shall be permitted only in side and rear yards:

a.

Recreation equipment, barbecue equipment, except in any required side yard.

b.

Child's playhouse, except in any required side yard.

c.

Arbors and trellises.

d.

Open accessory offstreet parking spaces, subject to the requirements of subsection 102-128(6).

e.

Fences not exceeding six feet in height.

(3)

Rear yards. The following obstructions shall be permitted only in rear yards:

a.

Accessory garages, sheds or buildings for storage purposes, guesthouses and fallout shelters.

b.

Private swimming pools and bathhouses.

c.

Nonmechanical laundry drying equipment.

(4)

Front yards. The following obstructions shall be permitted only in front yards:

In business, manufacturing and industrial districts, any ground or wall sign which does not extend beyond the property line.

(5)

Obstructions. The area of any required yard covered or occupied by obstructions as above defined shall not exceed:

a.

In single-family residential uses, 40%.

b.

In multiple-family residential uses, 50%.

(Ord. No. 65-0-18, § 10.2, 4-6-65; Ord. No. 75-0-54, § 1, 8-5-75; Ord. No. 91-0-51, § II, 5-6-91; Ord. No. 92-0-48, § 1, 7-6-92; Ord. No. 94-0-49, § X, 6-20-94; Ord. No. 21-O-61, § I, 9-21-21; Ord. No. 24-O-29, § 4, 4-2-24)

(a)

Generally. No part of any structure shall project beyond bulk limits which are defined by planes extending over the lot in accordance with the district regulations as provided in this section or exceed maximum permitted heights. As applicable, the height of buildings shall be measured from the curb, centerline, or crown of a street or alley, or from the finished grade of the property. This subsection shall not apply to accessory water tanks, antennas, chimneys, flues, smokestacks or vents, church belfries, spires, elevator houses, towers, distribution or transmission poles or towers, fire or hose towers, flag poles or monuments. (See subsection (f), exhibit 1.)

(b)

Bulk planes—In R, L-B, H-B districts. Bulk planes shall limit the height of structures in R, residential districts, L-B, local business, and H-B, highway business districts. Permitted heights shall not exceed 35 feet or a plane defined as beginning ten feet above and parallel to all property lines of the lot, including side yards of R districts (or if the rear line of such lot abuts on an alley, then the centerline of said alley), and extending inward at an angle of 45 degrees of the horizontal until such planes intersect the vertically projected longitudinal centerline of such lot. (See subsection (g), exhibit 2.)

(1)

The maximum permitted height of 35 feet may be increased in the R, L-B and H-B districts by up to 20 percent upon approval of a variation ordinance by the city council.

(2)

Where the proposed use of a lot is for one or more one-story dwellings, any such dwelling may be built to a maximum height of 18 feet in lieu of the height limit that would result from application of the bulk planes described in subsection (b) of this section. For the purpose of this subsection, the height of a dwelling shall be measured from the average natural ground level of the lot. A one-story dwelling may be built to a greater height than 18 feet under the provisions of this subsection.

(3)

The side yard setback of apartment and condominium developments is considered to be at the centerline between two buildings.

(c)

Same—In R-2, E-H, L-M and G-I districts. Bulk planes shall limit the heights of structures in the R-2, residential, E-H, elderly housing, L-M, light manufacturing and G-I, general industrial districts. Permitted heights shall not exceed 50 feet or a plane defined as beginning ten feet above and parallel to the centerline of the street and rear property lines of the lot, or side yards in the R-2 and E-H districts (or if the rear line of the lot abuts on an alley, then the centerline of such alley), and extending inward at an angle of 45 degrees to the horizontal until such planes intersect. (See subsection (h), exhibit 3.)

(1)

The maximum permitted height of 50 feet may be increased by up to 20 percent upon approval of a variation ordinance by the city council.

(2)

If any lot abuts an R district, or abuts an L-B or H-B district, the bulk planes parallel to the abutting boundaries therefor shall begin ten feet above and parallel to such abutting boundaries and extend inward at an angle of 45 degrees to the horizontal until such planes intersect.

(d)

Same—In C-B and H-O districts.

(1)

Bulk planes shall limit the height of structures in C-B, central business and H-O, hospital districts. Permitted heights shall not exceed 60 feet in the C-B district, or 70 feet in the H-O district, or a plane defined as beginning at ten feet above the centerlines of the streets abutting on the block, and 20 feet above the rear property line (or if the rear line of a lot abuts an alley, then ten feet above the centerline of such alley) within which the lot is located and extending over the lot at an angle of 63 degrees and 27 minutes to the horizontal (a pitch of two to one). If any lot in the C-B or H-O district abuts a lot in any other district, the bulk planes shall conform to the height limits of such districts. (See subsection (i), exhibit 4.)

(2)

The maximum permitted height of 60 feet in the C-B district may be increased by up to 20 percent upon approval of a variation ordinance by the city council.

(e)

Opaque obstructions. No opaque obstructions higher than 30 inches above curb level shall be located within 35 feet of any intersection of the curblines of two streets or the curblines of a street and alley.

(f)

Exhibit 1. (This illustrative chart is not a part of this chapter.)

(g)

Exhibit 2. (This illustrative chart is not a part of this chapter.)

insert diagram on msp 4157 here

(h)

Exhibit 3. (This illustrative chart is not a part of this chapter.)

insert diagram on msp 4158 here

(i)

Exhibit 4. (This illustrative chart is not a part of this chapter.)

insert diagram on msp 4159 here

(j)

Exhibit 5. (This illustrative chart is not a part of this chapter.)

insert diagram on msp 4160 here

(Ord. No. 65-0-18, § 10.3, 4-6-65; Ord. No. 91-0-35, § I, 3-18-91; Ord. No. 91-0-45, § I, 5-6-91)

(a)

No part of a lot area, yard or offstreet parking space provided in connection with any building, structure or use in order to comply with the requirements of this chapter shall, by reason of change of ownership or otherwise, be included as part of the lot area or of a yard, other open space, or offstreet parking space required for any other building, structure or use, except as specifically provided herein.

(b)

All of the lot area and all yards and offstreet parking spaces provided in connection with any building, structure or use in order to comply with the requirements of this chapter shall be located on the same lot as such building, structure or use, except as otherwise provided herein.

(Ord. No. 65-0-18, § 10.4, 4-6-65)

Any lot which was officially platted and recorded prior to January 1, 1965, or any PUD lot platted and recorded prior to the adoption of this ordinance, and which is located in a residential district, may be used as a site for the construction or remodeling of a single-family house without regard to the minimum lot size or width requirements applicable to the district in which it is located, provided the following conditions are met:

(a)

Construction of a single-family detached dwelling and accessory buildings shall be permitted on a lot, or a combination of lots conforming with the minimum lot size requirement of the zoning district.

(b)

Construction of a single-family detached dwelling and accessory buildings on a lot that is not in conformance with the minimum lot size standard of the district is permitted only if the owner of such lot or his ancestors in title owned no other contiguous property on the effective date of this ordinance which could be combined with such lot or lots to provide a lot with the minimum required lot area.

(c)

The single-family detached dwelling and accessory buildings shall comply with all other building, zoning and setback regulations applicable to the zoning district.

(Ord. No. 65-0-18, § 10.5, 4-6-65; Ord. No. 93-0-77, § I, 12-6-93)

(a)

Nonconforming structures. Nonconforming structures may remain in use subject to the following regulations:

(1)

Alterations. A nonconforming structure shall not be expanded or enlarged.

(2)

Restoration. A nonconforming structure accidentally damaged may be restored unless the damage exceeds 50 percent of its replacement value in which case it must thereafter conform to this article. The building inspector shall determine the amount of damage.

(b)

Nonconforming uses. Nonconforming uses may be continued subject to the following regulations:

(1)

Extensions. A nonconforming use shall not be expanded or moved to occupy any portion of the premises, either land or structure, which was not originally occupied by the nonconforming use.

(2)

Discontinuance. A building or structure, all of which or substantially all of which, is designed or intended for a use which is not permitted in the district in which it is located, which is or hereafter becomes vacant and remains unoccupied or is not used for a period of six months, shall not thereafter be occupied or used except in a manner which conforms to the use regulations of the district in which it is located.

(3)

Changes. A nonconforming use shall not be changed to another or different nonconforming use.

(Ord. No. 94-0-21, § I, 3-21-94; Ord. No. 2002-0-39, § 1, 6-18-02)